The EU Court of Justice rules that absolute bans on internet sales are prohibited (Pierre Fabre)

In 2006, the French Competition Council (Conseil de la concurrence) initiated proceedings regarding practices in the cosmetics and personal care products distribution sector after finding that the majority of manufacturers required that sales be carried out only in a physical space and always in the presence of a qualified pharmacist. After a preliminary inquiry, the case handler considered that such conditions amounted to a de facto prohibition on online sales. The procedure ended with the acceptance of commitments offered by almost all the manufacturers to remedy the competition concerns raised (Comp. Council, 8 March 2007, LawLex20070000334JBJ). One supplier refused however to offer commitments and the Council ordered it to remove from its agreements all provisions purporting to

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  • Vogel & Vogel (Paris)

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Joseph Vogel, The EU Court of Justice rules that absolute bans on internet sales are prohibited (Pierre Fabre), 13 October 2011, e-Competitions Vertical restrictions and e-commerce, Art. N° 39725

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